Pomponius, Rules. A share in a right of way, or a pathway, or a driveway for cattle, or a water-course, cannot be made the subject of an obligation, because the use of these things is undivided; and therefore where a stipulator dies leaving several heirs, anyone of them can bring an action for the entire right of way; and if the party promising dies leaving several heirs, an action can be brought for the entire right against any one of them individually.

Pomponius, Rules. Labeo stated that the oath may be dispensed with in favor of a party who is absent, or ignorant of the facts; and it can even be waived by letter.

Pomponius, Rules. It is held that a son under paternal control, the slave of another, a posthumous child, and a deaf person, have the right to take under a will; for, although they cannot execute one, still they can acquire property by a will, either for themselves or for others. 1Marcellus observes that an insane person also has the right to take under a will although he cannot execute one; hence a party is understood to possess this right, because he can acquire for himself either a legacy or a trust, for the right to bring a personal action is also acquired by parties that are not aware of the fact, but who are of sound mind.

Pomponius, Rules. The easiest of several conditions upon which freedom is dependent is considered to be the one which leads most directly to freedom, although it may be, by nature, harder and more difficult of accomplishment than the others.

Pomponius, Rules. If I borrow a sum of money from an insane person, believing that he is of sound mind, and I employ that money for my own benefit, the insane person will be entitled to an action to recover it. For, as rights of action are acquired by us under certain circumstances, when we are not aware of the fact, so, under similar circumstances, actions can be brought in the name of insane persons; for example, if the slave of such a person enters into a stipulation, or property is stolen from him, or he is injured in such a way that suit can be brought under the Aquilian Law; or if he is a creditor, and his debtor should convey property to someone with the intention of defrauding him. The same rule is applicable where a legacy is bequeathed to an insane person, or property is left to him under the terms of a trust. 1Likewise, if anyone who has lent money to the slave of another afterwards becomes insane, and the slave employs the borrowed money for his master’s benefit, the insane person will be entitled to an action to recover it. 2Again, if anyone who has lent money belonging to another should afterwards become insane, and the money be expended, an action to recover it will be acquired by the insane person. 3Anyone who transacts the business of an insane person is liable to him in an action on the ground of voluntary agency.